Jaid vs State of U. P. - 2024 Supreme(All) 195

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 195

SYED AFTAB HUSAIN RIZVI
Jaid – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Devesh Kumar Shukla, Dharmesh Kumar Shukla

JUDGMENT :

1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

2. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.298 of 2023, under Section 2/3 U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station- Jewar, District- Gautam Budh Nagar.

3. Learned counsel for the applicant contended that in the gang chart only one case has been shown in which the accused-applicant has been granted bail. Learned counsel for the applicant further submitted that apart from case shown in the gang chart there is no other criminal history of the accused-applicant. The applicant is innocent and has been falsely implicated in the present case. The applicant who is in jail since 4.12.2023 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.

4. Learned A.G.A. opposed the prayer for bail but not disputed the aforesaid facts.

5. Considering the rival contentions of the parties,

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